Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)

CORPORATE MINING OFFENCES: ASSESSING THE INTERPRETATION OF ULTIMUM REMEDIUM

Lestari, Ida Ayu Sridiah (Unknown)
Satria, Hariman (Unknown)



Article Info

Publish Date
21 Dec 2024

Abstract

The principle of ultimum remedium in criminal law is more accurately referred to as a moral principle for legislators (legislative ethics) so that they can think about whether or not an act needs to be criminalized, including the threat of criminal sanctions. Normatively, in Indonesian criminal law the principle of ultimum remedium is strictly regulated in Article 100 and the general explanation of point 5 of the PPLH Law. In the Minerba Law, the principle of ultimum remedium is not normative. In decision Number 46/Pid.B/LH/2021/PT Kdi, it is implied that a corporate crime occurred by the defendant PT Bososi Pratama. The panel of judges acquitted the defendant PT Bososi Pratama by interpreting the principle of ultimum remedium. This interpretation emerged because the position of criminal sanctions in the Mineral and Coal Law is still unclear, whether as ultimum remedium or primum remedium.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...